25. The Chair recalled that Ministers at the Eleventh Ministerial Conference had renewed their instruction to the TRIPS Council "to continue its examination of the scope and modalities" for nonviolation and situation complaints. They also had instructed the Council to make recommendations to MC12 in 2019. In the meantime, Members had agreed not to initiate such complaints under the TRIPS Agreement.
26. The next Ministerial Conference would be held in June 2020. Nevertheless, the General Council Chair had noted, at a meeting in 2018, that the 2019 deadline for the moratorium would be maintained. Therefore, constructive engagement and debate was urgently needed in this area. Such a debate would also be helped by new submissions from Members. There had been some encouraging signs at the Council's recent meetings. Several delegations had indicated their readiness to engage in a constructive discussion on scope and modalities in case nonviolation and situation complaints were to apply to TRIPS. However, no advances could be detected during informal contacts with delegations.
27. The Chair invited delegations to share their comments and ideas, focusing on any new approaches for the Council to take this issue forward. Delegations were encouraged to bring concrete proposals that would permit the Council to move beyond positions of principle and to engage substantively in the discussion of possible recommendations on scope and modalities for such complaints.
28. The representatives of Benin, on behalf of the LDC Group; South Africa; Nigeria; Brazil; the United States of America; Indonesia; Bangladesh; Switzerland; India; China; and Canada took the floor.
29. The Chair said that, as requested by some Members, he would hold informal consultations to help facilitate constructive engagement in this area.
30. The Council took note of the statements made and agreed to revert to the matter at its next meeting.
